EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: November 28, 2001.
Purpose: Amend personal use fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900G; and amending WAC 232-28-619.
Statutory Authority for Adoption: RCW 77.12.047.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: The 2001/2002 wild winter steelhead runs for the Skagit, Snohomish, and Stillaguamish River systems are forecasted to be well below escapement needs. Wild steelhead release regulations will allow harvestable hatchery steelhead to [be] caught while minimizing impacts to wild fish. It is anticipated all fisheries on the Snohomish and Stillaguamish River systems will be closed by emergency regulation, March 1, 2001. There is insufficient time to promulgate permanent rules.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 0,
Repealed 0;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 0,
Amended 0,
Repealed 0.
Effective Date of Rule:
December 1, 2001, 12:01 a.m.
November 28, 2001
J. P. Koenings
Director
by Larry Peck
| Item 1: | Snohomish River | From mouth (Burlington Northern Railroad bridges (including all channels, sloughs and inter-connected waterways) upstream to the confluence of the Skykomish and Snoqualmie rivers (all channels): Wild steelhead release December 1, 2001 through February 28, 2002. |
| Item 2: | Snoqualmie River | From mouth to Snoqualmie Falls: Wild steelhead release December 1, 2001 through February 28, 2002. |
| Item 3: | Skykomish River (Mainstem) | From mouth to the forks: Wild steelhead release December 1, 2001 through February 28, 2002. |
| Item 4: | Skykomish River (North Fork) | From its mouth to 1000' downstream from Bear Creek Falls: Wild steelhead release December 1, 2001 through February 28, 2002. |
| Item 5: | Skykomish River (South Fork) | From its mouth to 600' downstream from the Sunset Falls Fishway: Wild steelhead release December 1, 2001 through February 28, 2002. |
| Item 6: | Wallace River | From the mouth to mouth of Olney Creek: Wild steelhead release December 1, 2001 through February 28, 2002. |
| Item 7: | Sultan River | From its mouth to a point 400' downstream from the diversion dam at river mile 9.7: Wild steelhead release December 1, 2001 through February 28, 2002. |
| Item 8: | Pilchuck River | From its mouth to 500' downstream from the Snohomish City diversion dam: Wild steelhead release December 1, 2001 through February 28, 2002. |
| Item 9: | Tolt River | From its mouth to the USGS trolley cable near the confluence of the North and South Forks: Wild steelhead release December 1, 2001 through February 28, 2002. |
| Item 10: | Raging River | From its mouth to the Highway 18 Bridge (three miles upstream from Preston): Wild steelhead release December 1, 2001 through February 28, 2002. |
| Item 11: | Tokul Creek | From mouth to posted cable boundary marker (approximately 700 feet upstream of the mouth). Wild steelhead release December 1, 2001 through February 28, 2002. |
| Item 12: | Stillaguamish River | All sloughs downstream of Warm Beach-Stanwood Highway: Wild steelhead release December 1, 2001 through February 28, 2002. |
| From Warm Beach-Stanwood Highway upstream to forks: Wild steelhead release December 1, 2001 through February 28, 2002. | ||
| Item 13: | Stillaguamish River (North Fork) | From mouth to Swede Heaven Bridge: Wild steelhead release December 1, 2001 through February 28, 2002. |
| Item 14: | Stillaguamish River (South Fork) | From mouth to 400' below fishway outlet: Wild steelhead release December 1, 2001 through February 28, 2002. |
| Item 15: | Canyon Creek | From mouth to Forks: Wild steelhead release December 1, 2001 through February 28, 2002. |
| Item 16: | Pilchuck Creek | From mouth to Highway 9 Bridge: Wild steelhead release December 1, 2001 through February 28, 2002. |
| Item 17: | Skagit River | From mouth to Gorge Powerhouse at Newhalem: Wild steelhead release December 1, 2001 through February 28, 2002. |
| Item 18: | Sauk River | From mouth to Whitechuck River: Wild steelhead release December 1, 2001 through February 28, 2002. |
| Item 19: | Cascade River | From mouth upstream (entire river): Wild steelhead release December 1, 2001 through February 28, 2002. |
| Item 20: | Fisher Slough | From mouth to Highway 530 Bridge: Wild steelhead release December 1, 2001 through February 28, 2002. |
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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER
The following section of the Washington Adminsitrative Code
is repealed effective 12:01 a.m. March 1, 2002:
| WAC 232-28-61900G | Exceptions to statewide rules -- Snohomish River, Snoqualmie River, Skykomish River (mainstem, North Fork & South Fork), Wallace River, Sultan River, Pilchuck River, Tolt River, Raging River, Tokul Creek, Stillaguamish River (mainstem, North Fork, & South Fork), Canyon Creek, Pilchuck Creek, Skagit River, Cascade River, and Sauk River and Fisher Slough. |